Every year, many people come to the EU,
but not everyone is allowed to stay. Non-EU nationals who have exhausted their
legal right to stay in the territory of Member States have to return to their
country of origin. It also includes those who requested international protection
but were not granted one.
The key concept in the return policy is
‘the legal right to stay’ – without it, non-EU citizens cannot stay in the
EU/Schengen zone.
Who takes the decision?
Only the administrative or judicial
authorities in the EU/Schengen zone countries have the power to issue a return
decision based on an individual assessment of each case.
Any person subject to a return decision or
other administrative decisions has the right to appeal against them. Consequently,
the authorities in the EU/Schengen zone decide on possible appeals against a
return decision or the denied asylum requests.
Upon receiving the decision, the person
must return to their country of origin, a country of transit, or another non-EU
country, to which they voluntarily decide to return and which is open to accept
them.
Frontex has no role in these procedures
and does not enter into the merits of return decisions issued by national
authorities. Only when a return decision is adopted and is legally enforceable
(i.e., when the person has had the possibility to use all legal remedies such
as appeals and there are no legal obstacles to implement the decision), can Frontex
provide operational and technical support to a requesting EU/Schengen country
within the different phases of the return process.
Return procedure explained
The return process always begins either
with the adoption of a return decision, or a person’s expression of willingness
to return to their country of origin, and covers different stages: pre-return,
the actual return, and post-return. Each stage entails a number of different
activities.
During the pre-return phase,
several key conditions for return have to be fulfilled, in particular
identification and proper travel documents. This always requires cooperation
from the countries of return and their diplomatic missions in the EU.
The return phase, meaning the
travel itself, lasts until the person arrives at the destination and, in case
of non-voluntary return, when he or she is successfully handed over to the
authorities of the country of return. If the handover is rejected by the
authorities, this person is taken back to the EU/Schengen zone.
The Member State which issued the
return decision may agree to provide the person returned with post-arrival
support, which means immediate help on arrival and for the first few days
right after (hotel, registration in the country of return, onward transportation
etc.). However, a long-term support, called reintegration assistance, can also
be provided to assist people to rebuild a life in the country of return. It can
include training, help with setting up a new business, etc. It is always up to the
Member State to decide, who can receive what kind of help, how much help and for
how long.
The role of Frontex in returns
Frontex can provide operational and
technical support to a requesting EU/Schengen country within the different
phases of the return process, from pre-return,
through the coordination and implementation of the return operation, to
post-arrival support.
Frontex’s
assistance to Member States in returns may also take form of long-term and ad
hoc deployments of standing corps officerswith specific return
profiles, called Frontex Return Escort and Support Officers. They are deployed
in key Member States’ airports and other locations providing assistance on the
ground. Their task may be as well to escort non-EU nationals on board of
flights in order to ensure safety, security and wellbeing during the whole
return operation, including transits.
The
agency can only provide support:
upon
formal request from a Member State, or
on
its own initiative, but always with the agreement of the Member State(s)
concerned;
to governmental
authorities of EU Member States;
in
relation to the return of non-EU citizens who do not enjoy the right to stay,
legal residence and/or international protection in the territory of an EU
Member State.
Remember:
Only the judicial or administrative
authorities of the Member States decide who must be returned (by force or
voluntarily).
The European legislation gives
every person subject to a return decision the possibility to appeal
against it.
Frontex cannot and does not enter
into the merits of these decisions of the Member States, and of the definition
of voluntary return according to the national legal framework.
Pre-return support
During the pre-return phase,
several key conditions for return have to be fulfilled, in particular
identification and proper travel documents. This always requires cooperation
from the countries of return and their diplomatic missions in the EU.
In
the pre-return support to Member States, Frontex may:
help
to identify returnees and collect relevant (travel) documentation,
assist
and advise the national authorities in the process of consular engagement
and operational cooperation with non-EU countries,
help
to enhance Member States’ and non-EU countries’ capacity in return
and readmission activities, including capacity building projects,
deploy
European return liaison officers in non-EU countries,
propose
good practices and procedures as well as facilitate the exchange of
knowledge between return experts,
deploy
standing corps return specialists
with specific areas of expertise, such as identification procedures,
acquisition of travel documents with respect to non-EU countries, return IT
systems, and return and reintegration counselling.
Support in implementing returns
Frontex
can provide:
technical
assistance to Member States’ voluntary returns,
coordination
as well as operational and technical support to return operations
organised by Member States,
Frontex
can also organise its own return operations. Returns supported by Frontex take
place primarily by air – on charter and scheduled flights – but the agency may
also organise returns by other means of transport, such as by sea or land.
Member
States and Frontex together ensure that the fundamental rights of returnees,
including the principle of non-refoulement, as well as the
proportionate use of force are respected during all supported returns.
Voluntary returns
Voluntary
returns are the most humane, effective, and sustainable form of returns. They
are the preferred type of return under the EU migration policy. Frontex’s
support in this area has been consistently growing since the extension of its
mandate in the end of 2019. Voluntary returns are one of the main contributing
factors to the overall significant growth in the number of Frontex-supported
returns in the recent years.
In
2022, out of the 24 850 people returned with Frontex's support, 40% returned
voluntarily.
Return operations by charter flights
In
return operation, returnees are accompanied by escort officers, medical staff, translators,
fundamental rights monitors, and other support staff from Member States.
Member
States may join their return efforts by organizing joint return operations. If
a Member State organises an operation to a specific country, they can share
seats on their flight with other Member States. Frontex serves as an
information hub and coordinator for everyone involved.
Returns by scheduled flights
Frontex
may assist Member States by coordinating and financing returns by scheduled
(commercial) flights. The agency facilitates the booking and the purchase of flight
tickets through a dedicated IT tool, it provides helpdesk support, takes direct
contact with air carriers, and may deploy officers to support such returns.
Collecting return operations
Frontex
can coordinate collecting return operations, where returnees are picked up
from the departure airport by the authorities of their country of destination.
The means of transport and escort officers are provided by that non-EU country.
All
escorts of the non-EU country of return are trained by the agency to comply
with EU standards. Their training always includes a fundamental rights
component.
All
collecting return operations happen in the presence of at least one forced-return
monitor on board to ensure the respect of fundamental rights as well as at
least one Member State representative.
Frontex-organised return operations
While
most of the time Frontex coordinates return operations organised
by EU countries, the agency may organise returns on its own
initiative. In such a case, Frontex takes over certain tasks from
Member States, such as setting up the operational procedures and the timeframe,
chartering the aircraft, engaging officers from the standing corps and
contacting the national authorities of the country of return.